Presenters:
Paul Hammerschmidt, Phil
Durocher, Gary Graham

I.
DISCUSSION: Responsibility
for establishing seasons,
bag limits, and means
and methods for taking
wildlife resources is
delegated to the Texas
Parks and Wildlife Commission
under Parks and Wildlife
Code, Chapter 61. Proposed
changes to the Statewide
Hunting and Fishing Proclamation
are a result of proposals
advanced by staff and
suggestions from the public.
Changes advanced by staff
are based upon scientific
investigation and are
required findings of fact.
The proposed changes increase
recreational opportunity,
promote enforcement, and
provide for the sound
biological management
of the wildlife resources
of the state. The Regulations
Committee at its January
2001 meeting authorized
staff to publish the proposed
2001-2002 Statewide Hunting
and Fishing Proclamation
in the Texas Register
for public comment. The
proposed proclamation
appeared in the February
23, 2001, issue of the
Texas Register (25 TexReg
1664). A summary of public
comment on the proposed
proclamation will be available
to the Commission at the
time of the hearing.

II. RECOMMENDATION: The
staff recommends the Texas
Parks and Wildlife Commission
adopt the following motion:

“The Texas Parks
and Wildlife Commission
adopts the 2001-2002 Statewide
Hunting and Fishing Proclamation
(located at Exhibit A),
with changes to the proposal
as published in the February
23, 2001, issue of the
Texas Register (25 TexReg
1664).”

The Texas Parks and Wildlife
Department proposes the
repeal of §§65.29-65.32,
amendments to §§65.3,
65.10, 65.11, 65.24, 65.26,
65.27, 65.42, 65.44, 65.62,
65.64, 65.72, 65.78, and
new 65.7 and 65.29-65.33,
concerning the Statewide
Hunting and Fishing Proclamation.
The repeals are necessary
to reconstitute current §65.42(b)(11)
as new §65.29, which
would cause current §§65.29-65.32
to be redesignated without
change as new §§65.30-65.33.
The amendment to 65.3, concerning
Definitions, adds a new
definition for 'final processing.'
The current statutory definition
of the term applies only
to deer, antelope, and turkey,
but not to other species
of game animals and game
birds, and the amendment
is necessary for the department
to ensure that provisions
governing daily bag and
possession limits can be
enforced. New §65.7,
concerning Harvest Log for
Deer, creates requirements
for hunters to record certain
information on the hunting
license, which will be necessary
if the department adopts
a new and simplified license
format for the next license
year. The amendment to §65.10,
concerning Possession of
Wildlife Resources, liberalizes
the proof-of-sex requirement
for turkey, clarifies the
requirements for pheasant,
and nonsubstantively restructures
the section's contents for
clarity's sake. The amendment
to §65.11, concerning
Lawful Means, clarifies
an ambiguity in paragraph
(2) that gives the impression
that lawful archery equipment
may not be used during a
muzzleloader-only open season,
when, in fact, the only
restriction is that lawful
archery equipment can't
be used to hunt deer during
the muzzleloader season.
The amendment is necessary
to eliminate possible confusion
for hunters. The amendment
to §65.24, concerning
Permits, adds new paragraph
(2) to create an offense
for cases in which a landowner
or authorized agent allows
a harvest quota for MLD
properties to be exceeded.
The amendment is necessary
because there have been
situations in which hunters
have been allowed to take
deer on MLD properties after
the annual quota has already
been reached. The amendment
to §65.26, concerning
Managed Lands Deer Permits,
would require landowners
or authorized agents to
maintain a receipt log to
verify that MLD permits
have been given to hunters.
The amendment is necessary
to provide conclusive evidence
in that MLD permits were
or were not issued. The
amendment to §65.27,
concerning Antlerless and
Spike-Buck Deer Control
Permits, would allow such
permits to be used during
any open season for deer.
The amendment is necessary
to allow landowners and
land managers greater flexibility
in controlling deer overpopulation.
The amendment to §65.42,
concerning Deer consists
of several actions. The
amendment would expand the
statewide youth-only season
to include the four weekends
prior to the first Saturday
in November and the three
weekends following the second
Sunday in January. This
is necessary to execute
commission policy to provide
greater opportunity to youth
and to encourage mentoring.
The department notes that
the final rule may encompass
all seven weekends as proposed,
or a lesser number. The
amendment would also allow
other governmental entities
to require permits for the
harvest of antlerless deer
on certain federal and state
lands in 11 East Texas counties,
which is necessary to ensure
a controlled harvest. Further,
the amendment would adds
three counties to the LAMPS
program, which is necessary
to provide landowners and
land managers with an additional
option when other permit
programs are unfeasible
or inappropriate. Also included
in the amendment would be
the partitioning of the
bloc of current 'one—buck'
counties. The current regulations
allow a hunter to take one
buck from those counties
in the aggregate. The department
proposes to create two 'one-buck'
zones and allow hunters
to harvest a buck in each.
Additionally, the amendment
would increase the bag limit
for antlerless deer and
institute a 14-day antlerless
and spike-buck season in
14 counties on the northern
Edwards Plateau (which would
also necessitate the elimination
of the muzzleloader-only
season in those counties),
increase the bag limit for
buck deer in 12 South Texas
counties, and add one week
to the front end of the
season in 28 South Texas
counties, which advances
the commission policy of
maximizing hunter opportunity
whenever such actions are
biologically justifiable
and do not result in depletion
or waste. Lastly, the amendment
adjusts a roadway boundary
in Victoria County in order
to reduce hunter confusion.
The amendment to §65.44,
concerning Javelina, creates
an open season in Archer
County. The amendment is
necessary to advance commission
policy to maximize hunter
opportunity. The amendment
to §65.62, concerning
Quail, alters the opening
day to make it occur one
week earlier than the opening
day for white-tailed deer.
The amendment is necessary
to stagger the opening days
for deer and quail to enable
persons to participate in
both. The amendment to §65.64,
concerning Turkey, would
open a spring season for
Eastern wild turkey in five
additional counties, add
seven additional weekends
to the youth-only season,
and open the fall season
in 28 South Texas counties
on the first Saturday in
November rather than the
second Saturday in November.
The amendment is necessary
to implement commission
policy to maximize hunter
opportunity, to foster youth
participation and mentoring
activities in the hunting
sports, and to establish
turkey season to run concurrently
with the proposed white-tailed
deer season in 28 South
Texas counties. The amendment
to §65.72, concerning
Fish, would alter a number
of regulations. The proposal
would alter largemouth bass
regulations on Lake O.H.
Ivie to modify minimum-length
restrictions to allow two
largemouth bass of greater
than 18 inches to be retained
per day, which is necessary
to improve fishing quality
by reducing the number of
bass in the 14-18 inch range.
The amendment also would
modify regulations for largemouth
bass on Lake Sweetwater
to implement a slot-limit,
which is necessary to reduce
mortalities of fish within
the slot limit in order
to improve fishing quality.
Additionally, the amendment
would modify regulations
for largemouth bass on Pinkston
Reservoir to implement a
new slot limit, to allow
the retention of only one
largemouth bass of greater
than 21 inches per day,
and to prohibit the use
of trotlines, juglines,
and throwlines on Lakes
Coffee Mill and Davy Crockett,
which is necessary to increase
fishing quality and to create
gear requirements consistent
with federal regulations,
as the affected impoundments
are part of the Caddo National
Grasslands. Further, the
amendment would alter smallmouth
bass regulations on seven
lakes to replace the 18-inch
minimum length limit/3-fish
daily bag limit with a 14-inch
minimum length limit/5-fish
daily bag limit, which is
necessary to simplify regulations.
Finally, the amendment would
increase the bag and possession
limits for Spanish mackerel,
which is necessary in order
to be consistent with regulations
in federal waters. The amendment
to §65.78, concerning
Crabs and Ghost Shrimp,
would specify that crab
trap float markers be white,
which is necessary to clearly
delineate crab traps from
other devices.

2. Fiscal Note.

Robert Macdonald, Wildlife
Division regulations coordinator,
has determined that for
each of the first five years
that the proposed amendments
are in effect, there will
be no additional fiscal
implications to state or
local governments as a result
of enforcing or administering
the proposed amendments.

3. Public Benefit - Cost
Note.

Mr. Macdonald also has
determined that for each
of the first five years
the proposed amendments
are in effect:

(A) The public benefit
anticipated as a result
of enforcing the rules as
proposed will be the dispensation
of the agency’s statutory
duty to protect and conserve
the wildlife resources of
this state, the duty to
equitably distribute opportunity
for the enjoyment of those
resources among the citizens,
and the execution of the
commission’s policy
to maximize recreational
opportunity within the precepts
of sound biological management
practices.

(B) There will be no additional
economic costs to small
businesses, microbusinesses
or persons required to comply
with the rules as proposed.

(C) The department has
not filed a local impact
statement with the Texas
Workforce Commission as
required by Government Code, §2001.022,
as this agency has determined
that the rules as proposed
will not significantly impact
local economies.

(D) The department has
determined that there will
not be a taking of private
property, as defined by
Government Code, Chapter
2007, as a result of the
proposed rules.

The amendments are proposed
under the authority of Parks
and Wildlife Code, Chapter
61, Uniform Wildlife Regulatory
Act (Wildlife Conservation
Act of 1983), which provide
the Commission with authority
to establish wildlife resource
regulations for this state.

The proposed amendments
affect Parks and Wildlife
Code, Chapter 61.

§65.3. Definitions.

(1) Agent—A person
authorized by a landowner
to act on behalf of the
landowner. For the purposes
of this chapter, the use
of the term "landowner" also
includes the landowner's
agent.

(2) Annual bag limit—The
quantity of a species of
a wildlife resource that
may be taken from September
1 of one year to August
31 of the following year.

(3) Antlerless deer—A
deer having no hardened
antler protruding through
the skin.

(4) Artificial lure—Any
lure (including flies) with
hook or hooks attached that
is man-made and is used
as a bait while fishing.

(5) Bait—Something
used to lure any wildlife
resource.

(6) Baited area—Any
area where minerals, vegetative
material or any other food
substances are placed so
as to lure a wildlife resource
to, on, or over that area.

(8) Buck deer—A deer
having a hardened antler
protruding through the skin.

(9) Cast net—A net
which can be hand-thrown
over an area.

(10) Coastal waters boundary—All
public waters east and south
of the following boundary
are considered coastal waters:
Beginning at the International
Toll Bridge in Brownsville,
thence northward along U.S.
Highway 77 to the junction
of Paredes Lines Road (F.M.
Road 1847) in Brownsville,
thence northward along F.M.
Road 1847 to the junction
of F.M. Road 106 east of
Rio Hondo, thence westward
along F.M. Road 106 to the
junction of F.M. Road 508
in Rio Hondo, thence northward
along F.M. Road 508 to the
junction of F.M. Road 1420,
thence northward along F.M.
Road 1420 to the junction
of State Highway 186 east
of Raymondville, thence
westward along State Highway
186 to the junction of U.S.
Highway 77 near Raymondville,
thence northward along U.S.
Highway 77 to the junction
of the Aransas River south
of Woodsboro, thence eastward
along the south shore of
the Aransas River to the
junction of the Aransas
River Road at the Bonnie
View boat ramp; thence northward
along the Aransas River
Road to the junction of
F.M. Road 629; thence northward
along F.M. Road 629 to the
junction of F.M. Road 136;
thence eastward along F.M.
Road 136 to the junction
of F.M. Road 2678; then
northward along F.M. Road
2678 to the junction of
F.M. Road 774 in Refugio,
thence eastward along F.M.
Road 774 to the junction
of State Highway 35 south
of Tivoli, thence northward
along State Highway 35 to
the junction of State Highway
185 between Bloomington
and Seadrift, thence northwestward
along State Highway 185
to the junction of F.M.
Road 616 in Bloomington,
thence northeastward along
F.M. Road 616 to the junction
of State Highway 35 east
of Blessing, thence southward
along State Highway 35 to
the junction of F.M. Road
521 north of Palacios, thence
northeastward along F.M.
Road 521 to the junction
of State Highway 36 south
of Brazoria, thence southward
along State Highway 36 to
the junction of F.M. Road
2004, thence northward along
F.M. Road 2004 to the junction
of Interstate Highway 45
between Dickinson and La
Marque, thence northwestward
along Interstate Highway
45 to the junction of Interstate
Highway 610 in Houston,
thence east and northward
along Interstate Highway
610 to the junction of Interstate
Highway 10 in Houston, thence
eastward along Interstate
Highway 10 to the junction
of State Highway 73 in Winnie,
thence eastward along State
Highway 73 to the junction
of U.S. Highway 287 in Port
Arthur, thence northwestward
along U.S. Highway 287 to
the junction of Interstate
Highway 10 in Beaumont,
thence eastward along Interstate
Highway 10 to the Louisiana
State Line. The waters of
Spindletop Bayou inland
from the concrete dam at
Russels Landing on Spindletop
Bayou in Jefferson County;
public waters north of the
dam on Lake Anahuac in Chambers
County; the waters of Taylor
Bayou and Big Hill Bayou
inland from the saltwater
locks on Taylor Bayou in
Jefferson County; Lakeview
City Park Lake, West Guth
Park Pond, and Waldron Park
Pond in Nueces County; Galveston
County Reservoir and Galveston
State Park ponds #1-7 in
Galveston County; Lake Burke-Crenshaw
and Lake Nassau in Harris
County; Fort Brown Resaca,
Resaca de la Guerra, Resaca
de la Palma, Resaca de los
Cuates, Resaca de los Fresnos,
Resaca Rancho Viejo, and
Town Resaca in Cameron County;
and Little Chocolate Bayou
Park Ponds #1 and #2 in
Calhoun County are not considered
coastal waters for purposes
of this subchapter.

(11) Community fishing
lake—All public impoundments
75 acres or smaller located
totally within an incorporated
city limits or a public
park, and all impoundments
of any size lying totally
within the boundaries of
a state park.

(12) Crab line—A
baited line with no hook
attached.

(13) Daily bag limit—The
quantity of a species of
a wildlife resource that
may be lawfully taken in
one day.

(14) Day—A 24-hour
period of time that begins
at midnight and ends at
midnight.

(B) Non-game fish—All
species not listed as game
fish, except endangered
and threatened fish, which
are defined and regulated
under separate proclamations.

(17) Final processing
- the cleaning of a dead
wildlife resource for
cooking or storage purposes.

(18) [(17)]
Fishing—Taking or
attempting to take aquatic
animal life by any means.

(19) [(18)]
Fish length—That straight-line
measurement (while the fish
is lying on its side) from
the tip of the snout (jaw
closed) to the extreme tip
of the tail when the tail
is squeezed together or
rotated to produce the maximum
overall length.

(20) [(19)]
Fish species names—The
names of fishes are those
prescribed by the American
Fisheries Society in the
most recent edition of "A
List of Common and Scientific
Names of Fishes of The United
States and Canada."

(21) [(20)]
Fully automatic firearm—Any
firearm that is capable
of firing more than one
cartridge in succession
by a single function of
the trigger.

(22) [(21)]
Gaff—Any hand-held
pole with a hook attached
directly to the pole.

(23) [(22)]
Gear tag—A tag constructed
of material as durable as
the device to which it is
attached. The gear tag must
be legible, contain the
name and address of the
person using the device,
and, except for saltwater
trotlines, the date the
device was set out.

(24) [(23)]
Gig—Any hand-held
shaft with single or multiple
points.

(25) [(24)]
Jug line—A fishing
line with five or less hooks
tied to a free-floating
device.

(27) [(26)]
License year—The period
of time for which an annual
hunting or fishing license
is valid.

(28) [(27)]
Muzzleloader—Any firearm
that is loaded only through
the muzzle.

(29) [(28)]
Natural bait—A whole
or cut-up portion of a fish
or shellfish or a whole
or cut-up portion of plant
material in its natural
state, provided that none
of these may be altered
beyond cutting into portions.

(30) [(29)]
Permanent residence—One's
principal or ordinary home
or dwelling place. This
does not include a temporary
abode or dwelling such as
a hunting/fishing club,
or any club house, cabin,
tent, or trailer house used
as a hunting/fishing club,
or any hotel, motel, or
rooming house used during
a hunting, fishing, pleasure,
or business trip.

(31) [(30)]
Pole and line—A line
with hook, attached to a
pole. This gear includes
rod and reel.

(32) [(31)]
Possession limit—The
maximum number of a wildlife
resource that may be lawfully
possessed at one time.

(33) [(32)]
Purse seine (net)—A
net with flotation on the
corkline adequate to support
the net in open water without
touching bottom, with a
rope or wire cable strung
through rings attached along
the bottom edge to close
the bottom of the net.

(34) [(33)]
Sail line—A type of
trotline with one end of
the main line fixed on the
shore, the other end of
the main line attached to
a wind-powered floating
device or sail.

(36) [(35)]
Seine—A section of
non-metallic mesh webbing,
the top edge buoyed upwards
by a floatline and the bottom
edge weighted.

(37) [(36)]
Silencer or sound-suppressing
device—Any device
that reduces the normal
noise level created when
the firearm is discharged
or fired.

(38) [(37)]
Spear—Any shaft with
single or multiple points,
barbed or barbless, which
may be propelled by any
means, but does not include
arrows.

(39) [(38)]
Spear gun—Any hand-operated
device designed and used
for propelling a spear,
but does not include the
crossbow.

(40) [(39)]
Spike-buck deer—A
buck deer with no antler
having a fork or branching
point.

(41) [(40)]
Throwline—A fishing
line with five or less hooks
and with one end attached
to a permanent fixture.
Components of a throwline
may also include swivels,
snaps, rubber and rigid
support structures.

(42) [(41)]
Trap—A rigid device
of various designs and dimensions
used to entrap aquatic life.

(43) [(42)]
Trawl—A bag-shaped
net which is dragged along
the bottom or through the
water to catch aquatic life.

(44) [(43)]
Trotline—A nonmetallic
main fishing line with more
than five hooks attached
and with each end attached
to a fixture.

(45) [(44)]
Umbrella net—A non-metallic
mesh net that is suspended
horizontally in the water
by multiple lines attached
to a rigid frame.

(46) [(45)]
Upper-limb disability—A
permanent loss of the use
of fingers, hand or arm
in a manner that renders
a person incapable of using
a longbow, compound bow
or recurved bow.

(47) [(46)]
Wildlife resources—All
game animals, game birds,
and aquatic animal life.

(48) [(47)]
Wounded deer—A deer
leaving a blood trail.

§65.7. Harvest
Log for Deer.

(a) Immediately
after killing a white-tailed
deer, the person who killed
the white-tailed deer
shall complete the harvest
log on the back of the
hunting license, in ink,
for each white-tailed
deer killed.

(b) Completion
of the harvest log is
not required for deer
taken under the provisions
of §65.27 of this
title (relating to Antlerless
and Spike-Buck Deer Control
Permits) and/or provisions
of §65.29 of this
title (relating to Bonus
Tags).

§65.10. Possession
of Wildlife Resources.

(a) For all wildlife resources
taken for personal consumption
and for which there is a
possession limit, the possession
limit shall not apply after
the wildlife resource has
reached the possessor's
permanent residence and
is finally processed.

(b) Proof of sex must remain
with certain wildlife resources
until the wildlife resource
reaches either the possessor's
permanent residence or a
cold storage/processing
facility and is finally
processed. Proof
of sex is[,] as
follows:

(1) turkey (in
a county where the bag
composition is restricted
to gobblers and bearded
hens):

(A) male turkey:

(i) one leg, including
the spur, attached to
the bird; or

(ii) the bird,
accompanied by a patch
of breast feathers with
beard attached.

(B) female turkey
taken during the fall
season: the bird, accompanied
by a patch of breast feathers
with beard attached. [turkey
taken in other than an
either-sex county or taken
during any spring turkey
season: the beard must
remain attached to the
bird].

(2) deer:

(A) buck: the unskinned
head, with antlers still
attached;

(B) antlerless: the unskinned
head;

(3) antelope: the unskinned
head; and

(4) pheasant: one foot with
spur attached or
the entire plumage attached
to the bird.

(c) In lieu of proof of
sex, the person who killed
the wildlife resource may
obtain a receipt from a
taxidermist or a signed
statement from the landowner,
containing the following
information:

(1) the name of person
who killed the wildlife
resource;

(2) the date the wildlife
resource was killed;

(3) one of the following,
as applicable:

(A) whether the deer was
antlered or antlerless;

(B) the sex of the antelope;

(C) the sex of the turkey
and whether a beard was
attached; or

(D) the sex of the pheasant.

(d) A person may give,
leave, receive, or possess
any species of legally taken
wildlife resource, or a
part of the resource, that
is required to have a tag
or permit attached or is
protected by a bag or possession
limit, if the wildlife resource
is accompanied by a wildlife
resource document from the
person who killed or caught
the wildlife resource.

(1) For
deer, turkey, or antelope,
a properly executed wildlife
resource document shall
accompany the wildlife resource
until it reaches either
the possessor's permanent
residence or a cold storage/processing
facility and is finally
processed.

(2) For
all other wildlife resources,
a properly executed wildlife
resource document shall
accompany the wildlife resource
until it reaches the possessor's
permanent residence and
is finally processed.

(3) The wildlife
resource document
must contain the following
information:

(A)[(1)]
the name, signature, address,
and hunting or fishing license
number, as required, of
the person who killed or
caught the wildlife resource;

(B)[(2)]
the name of the person receiving
the wildlife resource;

(C)[(3)]
a description of the wildlife
resource (number and type
of species or parts);

(D)[(4)]
the date the wildlife resource
was killed or caught; and

(E)[(5)]
the location where the wildlife
resource was killed or caught
(name of ranch; area; lake,
bay or stream; and county).

(e) It is a defense to
prosecution if the person
receiving the wildlife resource
does not exceed any possession
limit or possess a wildlife
resource or a part of a
wildlife resource that is
required to be tagged if
the wildlife resource or
part of the wildlife resource
is tagged.

§65.11. Lawful Means.
It is unlawful to hunt any
of the wildlife resources
of this state except by
the means authorized by
this section and as provided
in §65.19 of this title
(relating to Hunting Deer
with Dogs).

(1) Firearms.

(A) It is lawful to hunt
game animals and game birds
with any legal firearm,
including muzzleloading
weapons, except as specifically
restricted in this section.

(C) It is unlawful to use
rimfire ammunition to hunt
deer, antelope, or desert
bighorn sheep.

(D) It is unlawful to hunt
game animals or game birds
with a fully automatic firearm
or any firearm equipped
with a silencer or sound-suppressing
device.

(2) Archery.

(A) A person may hunt by
means of lawful archery
equipment during any open
season; however,
no person shall hunt deer
by lawful archery equipment
or crossbow during [except]
a special muzzleloader-only
[antlerless] deer
season.

(B) Arrows that are treated
with poisons or drugs, or
that contain explosives
are not lawful devices for
hunting any species of wildlife
resource in this state.

(C) While hunting turkey
and all game animals other
than squirrels by means
of longbow, compound bow,
or recurved bow:

(i) the bow must have a
minimum peak draw weight
of 40 pounds at the time
of hunting; and

(ii) the arrow must be
equipped with a broadhead
hunting point at least 7/8-inch
in width upon impact, with
a minimum of two cutting
edges. A mechanical broadhead
must begin to open upon
impact and when open must
be a minimum of 7/8-inch
in width.

(D) It is unlawful to hunt
deer or turkey with a broadhead
hunting point while in possession
of a firearm during an archery-only
season.

(E) Special archery-only
seasons are restricted to
lawful archery equipment
only, except as provided
in paragraph (3) of this
section.

(3) Crossbow. Crossbows
are lawful during any general
open season. A person having
an upper-limb disability
may use a crossbow to hunt
deer and turkey during an
archery-only season, provided
the person has in their
immediate possession a physician's
statement certifying the
extent of the disability.
When hunting turkey and
all game animals other than
squirrels by means of crossbow:

(A) the crossbow must have
a minimum of 125 pounds
of pull;

(B) the crossbow must have
a mechanical safety;

(C) the crossbow stock
must be not less than 25
inches in length; and

(D) the bolt must conform
with paragraphs (2)(B) and
(2)(C)(ii) of this section.

(4) Falconry. It is lawful
to hunt any game bird or
game animal by means of
falconry under the provisions
of Subchapter K of this
chapter (relating to Raptor
Proclamation).

(5) Special Provision.
Except as provided in this
paragraph, no motorized
conveyance of any type shall
be used to locate, herd,
harass, or hunt desert bighorn
sheep. Any person who qualifies
for handicapped parking
privileges under Transportation
Code, Chapter 681 may possess
a loaded firearm in or on
a motor vehicle while hunting
desert bighorn sheep and
may hunt desert bighorn
sheep from a motor vehicle,
provided the motor vehicle
is not in motion and the
engine is not running.

§65.24. Permits.

(a) Permits shall be issued
only to the landowner.

(b) [No person may hunt
white-tailed deer, mule
deer, desert bighorn sheep,
or antelope when permits
are required unless that
person has received from
the landowner and has in
possession a valid permit
issued by the department.]

[(c)] When permits are
required to hunt or possess
white-tailed deer, mule
deer, desert bighorn sheep,
or antelope [the
wildlife resources listed
in subsection (b) of this
section], it is unlawful:

(1) for any person to:

(A) hunt the affected
wildlife resource unless
that person has received
from the landowner and
has in possession a valid
permit issued by the department;

(B) [(1)]
use a permit more than once;

(C) [(2)]
use a permit on a tract
of land other than the tract
for which the permit was
issued;

(D) [(3)]
falsify or fail to fully
complete any information
required by a permit application;
or

(E) [(4)]
possess the wildlife resource
without attaching a valid,
properly executed permit,
which shall remain attached
until the wildlife resource
reaches its final destination;
or

(2) for a landowner
or landowner's agent to
exceed the harvest quota
specified by a wildlife
management plan under
the provisions of §65.26
of this title (relating
to Managed Lands Deer
Permits), or to authorize
any person to hunt without
providing the person with
the appropriate permit .

(d) No state-issued permit
is required to hunt antlerless
white-tailed deer on a National
Wildlife Refuge.

§65.26. Managed Lands
Deer (MLD) Permits.

(a) MLD permits may be
issued only to a landowner
who has a current WMP in
accordance with §65.25
of this title (relating
to Wildlife Management Plan.

(b) An applicant may request
the issuance of any type
of MLD listed in this section.

(1) Level 1. Level 1 MLD
permits authorize only the
take of antlerless white-tailed
or antlerless mule deer.
A Level 1 MLD permit is
valid [only] during any [the
general] open season in
the county for which it
is issued, and the bag limit
for antlerless deer in that
county applies.

(2) Level 2.

(A) Level 2 MLD permits
authorize the take of buck
and antlerless white-tailed
deer as specified by the
permit. A Level 2 MLD:

(i) antlerless permit is
valid from the Saturday
closest to September 30
through the last Sunday
in January and during any
open season on the property
for which it is issued;

(ii) buck permit is valid
from the opening day of
the general open season
in the county for which
it is issued through the
last Sunday in January and
during any open season on
the property for which it
is issued.

(B) On all tracts of land
for which Level 2 MLD permits
have been issued:

(i) the bag limit shall
be five deer, no more than
three bucks, regardless
of the county bag limit;
and

(ii) the provisions of §65.42(b)(9) [§65.42(b)(7)]
of this title (relating
to Archery-Only Open Season), §65.42(b)(10) [§65.42(b)(8)]
of this title (relating
to Muzzleloader-Only Open
Season), and the stamp requirements
of Parks and Wildlife Code,
Chapter 43, Subchapters
I and Q, do not apply.

(C) By acceptance of Level
2 MLD permits a landowner
agrees to accomplish at
least two habitat management
recommendations contained
in the WMP within three
years of permit issuance,
and agrees to maintain the
habitat management practices
for as long as Level 2 permits
are accepted thereafter.
A landowner who fails to
accomplish at least two
habitat management recommendations
of the WMP within three
years is not eligible for
Level 2 permits the following
year, but is eligible for
Level 1 MLD permits or may
choose to cease accepting
MLD permits.

(3) Level 3. Level 3 MLD
permits authorize the take
of buck and antlerless white-tailed
deer as specified by the
permit. A Level 3 MLD permit
is valid from the Saturday
nearest September 30 through
the last Sunday in January
and during any open season
on the property for which
it is issued. On all tracts
of land for which Level
3 MLD permits have been
issued:

(A) the bag limit shall
be five deer, no more than
three bucks, regardless
of the county bag limit;
and

(B) the provisions of §65.42(b)(7)
of this title (relating
to Archery-Only Open Season), §65.42(b)(8)
of this title (relating
to Muzzleloader-Only Open
Season), and the stamp requirements
of Parks and Wildlife Code,
Chapter 43, Subchapters
I and Q, do not apply.

(C) By acceptance of Level
3 MLD permits a landowner
agrees to accomplish at
least four habitat management
recommendations contained
in the WMP within three
years of permit issuance,
and agrees to maintain the
habitat management practices
for as long as Level 3 permits
are accepted thereafter.
A landowner who fails to
accomplish at least four
habitat management recommendations
of the WMP within three
years is not eligible for
Level 3 permits the following
year, but may be eligible
for other levels of MLD
permits or may choose to
cease accepting MLD permits.

(c) The number of MLD permits
distributed to a hunter
shall be at the discretion
of the landowner. The
department shall issue an
MLD Receipt Log to each
landowner receiving MLD
permits. The landowner shall
complete an entry in the
receipt log for each MLD
permit distributed and each
person receiving an MLD
permit shall sign the receipt
log. The landowner shall
make the receipt log available
to any department employee
acting within the scope
of official duties upon
request.

(d) Except for deer taken
under an Antlerless and
Spike-Buck Control Permit,
all deer harvested by MLD
permit must immediately
be tagged with the appropriate
MLD permit and either an
appropriate tag from the
hunting license of the person
who killed the deer or a
valid bonus tag.

(e) If a landowner in possession
of MLD permits does not
wish to abide by the harvest
quota or habitat management
practices specified by the
WMP, the landowner must
return all MLD permits to
the department by the Saturday
closest to September 30.

(f) In the event that unforeseeable
developments such as floods,
droughts, or other natural
disasters make the attainment
of recommended habitat management
practices impractical or
impossible, the department
may, on a case-by-case basis,
waive the requirements of
this section.

(g) The department reserves
the right to deny further
issuance of MLD permits
to a landowner who exceeds
the harvest quota specified
by the WMP or who does not
otherwise abide by the WMP.
A property for which the
department denies further
permit issuance under this
subsection is ineligible
to receive MLD permits for
a period of three years
from the date of denial.

(h) Administratively complete
applications received by
the department before August
15 of each year shall be
approved or denied by October
1 of the same year.

§65.27. Antlerless
and Spike-Buck Deer Control
Permits (control permits).
Control permits shall be
issued only to control overpopulation
of white-tailed deer and
may be issued only to a
landowner who has a current
WMP issued in accordance
with §65.25 of this
title (relating to Wildlife
Management Plan) that specifies
a harvest quota of more
than 20 antlerless deer.
The WMP for permits issued
under this section must
be signed by a Wildlife
Division biologist classified
CS VI or higher.

(1) Control permits shall
be issued only after the
landowner has provided the
names, addresses and hunting
license numbers of all persons
who will be hunting under
the authority of the permits.
The maximum number of designated
hunters allowed on one application
for control permits shall
not exceed one-tenth the
number of deer recommended
for harvest by the WMP.
Additional designated hunters
may not be added after permits
have been issued.

(2) Control permits shall
not be issued solely as
a means to manipulate the
sex ratio of a deer herd.

(3) No WMP shall authorize
the take of more than 300
deer per designated hunter.

(4) Control permits shall
be valid from the
Saturday closest to September
30 through the last day
of any open white-tailed
deer season in the county
for which the permits were
issued [only during
general open deer seasons,
special muzzleloader-only
seasons, and when the harvest
of deer is authorized under §65.26(e)
of this title (relating
to Managed Lands Deer Permits)].

(5) Deer harvested under
the authority of control
permits shall not be part
of a hunter's annual bag
limit.

(6) A report form provided
by the department shall
be submitted to the department
by the landowner not later
than February 14 following
the use of the permits.
The report must specify
the sex and date of kill
for each deer harvested
under a control permit.

§65.29. Bonus
Tag.

(a) A person in
possession of a valid
bonus deer tag may take
one buck or antlerless
white-tailed deer during
an open white-tailed deer
season in any county,
irrespective of the county
bag limit, provided that
person also possesses
one of the following:

(1) an appropriate,
valid MLD permit (buck
or antlerless);

(2) a valid LAMPS
permit (antlerless only);
or

(3) an appropriate,
valid Special Permit (buck
or antlerless) issued
by the department for
a public hunt, in which
case the bonus tag is
valid only on the wildlife
management area or state
park specified by the
permit and only during
the date and time specified
on the permit.

(b) No person may:

(1) purchase more
than five bonus tags per
license year;

(2) use a bonus
tag on more than one animal;
or

(3) buy, sell,
or otherwise exchange
a bonus tag for remuneration
or considerations of any
kind; however, a bonus
tag may be given to another
person.

(c) A person who
kills a deer shall immediately
attach a properly executed
bonus tag to the deer.

§65.30. Pronghorn
Antelope Permits. The
department shall designate
the number of pronghorn
antelope to be harvested
from a given tract of
land, and shall issue
permits to the landowner.

§65.31. Desert
Bighorn Sheep Permits.

(a) No person may
hunt desert bighorn sheep
without first attending
an orientation conducted
by the department during
the year for which the
permit is issued.

(b) Any person
hunting desert bighorn
sheep shall notify the
department between 14
and 21 days prior to the
date of the hunt to arrange
for the tagging required
by subsection (c) of this
section.

(c) Any person
taking a desert bighorn
sheep shall, within 72
hours of taking the sheep,
ensure that the sheep
is permanently tagged
in one horn by a lawful
representative of the
department.

§65.32. Antlerless
Mule Deer Permits.

(a) At the request
of a landowner, the department
may, based on evaluations
of habitat and population,
issue antlerless mule
deer hunting permits for
a specific tract of land.

(b) No antlerless
mule deer hunting permit
is required for mule deer
killed during an archery-only
open season in a county
for which the bag limit
during an archery-only
season is designated as
either sex.

§65.33. Mandatory
Check Stations.

(a) The department
may establish check stations
in any county of the state
for the purpose of collecting
biologic information on
wildlife resources taken
in that county.

(b) The entire
wildlife resource, with
head and hide/plumage
attached, except that
internal and sexual organs
may be removed (field-dressed),
of any designated wildlife
resource taken in a county
in which mandatory check
stations have been established
must be presented:

(1) to a designated
check station agent within
24 hours of take; and

(2) by the person
or representative of the
person who killed the
wildlife resource.

(c) Check stations
shall be under the direction
of an agent designated
by the department. Agents
shall:

(1) register each
wildlife resource presented
at a check station;

(2) issue a special
possession tag, provided
by the department, for
each wildlife resource
presented at a check station;

(3) maintain records
as prescribed in the record
book supplied by the department;
and

(4) allow inspection
of all check station records
upon request of the department
during normal working
hours.

(d) A person who
fails or refuses to comply
with this section commits
an offense and is in violation
of this subchapter.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be a valid
exercise of the agency's
authority.

Issued in Austin, Texas,
on

The amendments are proposed
under Parks and Wildlife
Code, Chapter 61, Uniform
Wildlife Regulatory Act
(Wildlife Conservation Act
of 1983), which provides
the Commission with authority
to establish wildlife resource
regulations for this state.

The proposed amendments
affect Parks and Wildlife
Code, Chapter 61.

Seasons and Bag Limits-Hunting
Provisions

§65.42. Deer.

(a) Except as provided
in §65.27 of this title
(relating to Antlerless
and Spike-Buck Deer Control
Permits) or §65.29
of this title (relating
to Bonus Tags) [subsection
(b)(11) of this subsection],
no person may exceed the
annual bag limit of five
white-tailed deer (no more
than three bucks) and two
mule deer (no more than
one buck).

(b) White-tailed deer.
The open seasons and annual
bag limits for white-tailed
deer shall be as follows.

(1) In Brewster, [Brown,
Coke, Coleman, Concho,]
Culberson, [Glasscock,
Howard, Irion,] Jeff
Davis, [Mills, Mitchell,
Nolan,] Pecos, Presidio,
[Reagan,] Reeves,
[Runnels, Sterling,]
Terrell, [Tom Green,]
and Upton (that southeastern
portion located both south
of U.S. Highway 67 and
east of State Highway
349) counties, there is
a general open season.

(A) Open season: first
Saturday in November through
the first Sunday in January.

(A) Open season: first
Saturday in November through
the first Sunday in January.

(B) Bag limit: five deer,
no more than two bucks.

(C) Special Late General
Season. In the counties
listed in this paragraph
there is a special late
general season for the take
of antlerless and spike-buck
deer only.

(i) Open season: 14 consecutive
days starting the first
Monday following the first
Sunday in January.

(ii) Bag limit: five antlerless
or spike-buck deer in the
aggregate, no more than
two of which may be spike
bucks.

(3) In Aransas, Atascosa,
Bee, Calhoun, Cameron, Hidalgo,
Live Oak, Nueces, Refugio,
San Patricio, Starr, and
Willacy counties, there
is a general open season.

(A) Open season: the
first [second]
Saturday in November through
the third Sunday in January.

(B) Bag limit: five [four]
deer, no more than three [two]
bucks.

(C) Special Late General
Season. In the counties
listed in this paragraph
there is a special late
general season for the take
of antlerless and spike-buck
deer only.

(i) Open season: 14 consecutive
days starting the first
Monday following the third
Sunday in January.

(ii) Bag limit: five[four]
antlerless or spike-buck
deer in the aggregate, no
more than three [two]
of which may be spike bucks.

(4) In Brooks, Dimmit,
Duval, Frio, Jim Hogg, Jim
Wells, Kenedy, Kinney (south
of U.S. Highway 90), Kleberg,
LaSalle, Maverick, McMullen,
Medina (south of U.S. Highway
90), Uvalde (south of U.S.
Highway 90), Val Verde (that
southeastern portion located
both south of U.S. Highway
90 and east of Spur 239),
Webb, Zapata, and Zavala
counties, there is a general
open season.

(A) Open season: the
first [Second]
Saturday in November through
the third Sunday in January.

(B) Bag limit: five deer,
no more than three bucks.

(C) Special Late General
Season. In the counties
listed in this paragraph
there is a special late
general season for the take
of antlerless and spike-buck
deer only.

(i) Open season: 14 consecutive
days starting the first
Monday following the third
Sunday in January.

(ii) Bag limit: five antlerless
or spike-buck deer in the
aggregate, no more than
three of which may be spike
bucks.)

(5) No person may take
or attempt to take more
than one buck deer per license
year from the counties (and/or
portions of counties),
in the aggregate, listed
within this paragraph, except
as provided in subsection
(a) of this section or authorized
under the provisions of §65.26
of this title (relating
to Managed Land Deer Permits).

[(II) antlerless deer
shall be taken by MLD
permit only, except on
the Hagerman National
Wildlife Refuge.]

(B) [In Brazoria, Fort
Bend, Goliad (south of
U.S. Highway 59), Harris,
Jackson (south of U.S.
Highway 59), Matagorda,
Victoria (that portion
of the county that is
south of [both] U.S. Highway
59 [and U.S. Business
Highway 59]), and Wharton
(south of U.S. Highway
59) counties, there is
a general open season.]

[(i) Open season: first
Saturday in November through
the first Sunday in January.]

[(ii) Bag limit: three
deer, no more than one
buck and no more than
two antlerless.]

[(iii) During the first
23 days of the general
season, antlerless deer
may be taken without antlerless
deer permits unless MLD
permits have been issued
for the tract of land.
If MLD permits have been
issued, they must be attached
to all antlerless deer
harvested on the tract
of land. After the first
23 days, antlerless deer
may be taken only by MLD
antlerless permits.]

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) During the first
16 days of the general season,
antlerless deer may be taken
without antlerless deer
permits unless MLD permits
have been issued for the
tract of land. After the
first 16 days, antlerless
deer may be taken only by
MLD antlerless permits.

[(D) In Cooke, Denton,
Hill, Johnson, and Tarrant
counties, there is a general
open season.]

[(i) Open season: first
Saturday in November through
the first Sunday in January.]

[(ii) Bag limit: three
deer, no more than one
buck and no more than
two antlerless.]

[(iii) During the first
nine days of the general
season, antlerless deer
may be taken without antlerless
deer permits unless MLD
permits have been issued
for the tract of land.
After the first nine days,
antlerless deer may be
taken only by MLD antlerless
permits.]

[(i) Open season: first
Saturday in November through
the first Sunday in January.]

[(ii) Bag limit: three
deer, no more than one
buck and no more than
two antlerless.]

[(iii) Antlerless deer
may be taken only by MLD
antlerless permits or
LAMPS permits.]

(C) [(F)]
In Dallam, Hartley, Moore,
Oldham, Potter, and Sherman
Counties, there is a general
open season.

(i) Open season: Saturday
before Thanksgiving for
16 consecutive days.

(ii) Bag limit: three deer,
no more than one buck and
no more than two antlerless.

(iii) Antlerless deer may
be taken only by MLD antlerless
permits.

[(G) In Cass, Harrison,
Marion, Nacogdoches, Panola,
Sabine, San Augustine
and Shelby Counties, there
is a general open season.]

[(i) Open season: first
Saturday in November through
the first Sunday in January.]

[(ii) Bag limit: three
deer, no more than one
buck and no more than
two antlerless.]

[(iii) From Thanksgiving
Day through the Sunday
immediately following
Thanksgiving Day, antlerless
deer may be taken without
antlerless deer permits
unless MLD or LAMPS permits
have been issued for the
tract of land. If MLD
or LAMPS permits have
been issued, they must
be attached to all antlerless
deer harvested on the
tract of land. From the
first Saturday in November
through the day before
Thanksgiving Day, and
from the Monday immediately
following Thanksgiving
Day through the first
Sunday in January, antlerless
deer may be taken only
by MLD antlerless deer
permits or LAMPS permits.
On National Forest, Corps
of Engineers, Sabine River
Authority and Trinity
River Authority lands,
antlerless deer may be
taken only by MLD antlerless
permits. On the Bannister
and Moore Plantation Wildlife
Management Areas, antlerless
deer may be taken by Wildlife
Management Area antlerless
permit only.]

[(H) In Austin, Bastrop,
Bell (east of Interstate
35), Caldwell, Colorado,
Comal (east of Interstate
35), Crane, DeWitt, Ector,
Ellis, Falls, [Fannin,]
Fayette, Goliad (north
of U.S. Highway 59), Gonzales,
Guadalupe, Hays (east
of Interstate 35), [Hunt,]
Jackson (north of U.S.
Highway 59), Karnes, Kaufman,
Lavaca, Lee, Loving, Midland,
Milam, [Rains,] Travis
(east of Interstate 35),
Upton (that portion located
north of U.S. Highway
67; and that area located
both south of U.S. Highway
67 and west of state highway
349), Victoria (that portion
of the county that is
north of [both] U.S. Highway
59 [and U.S. Business
Highway 59]), Waller,
Ward, Washington, Wharton
(north of U.S. Highway
59), Williamson (east
of Interstate 35), and
Wilson counties, there
is a general open season.]

[(i) Open season: first
Saturday in November through
the first Sunday in January.]

[(ii) Bag limit: three
deer, no more than one
buck and no more than
two antlerless.]

[(iii) Antlerless deer
may be taken only by MLD
antlerless permits.]

(6) No person may
take or attempt to take
more than one buck deer
per license year from
the counties( and/or portions
of counties), in the aggregate,
listed within this paragraph,
except as provided in
subsection (a) of this
section or authorized
under the provisions of §65.26
of this title (relating
to Managed Land Deer Permits).

(A) In Grayson,
McLennan, and Williamson
(west of IH 35) counties,
there is a general open
season.

(i) Open season:
first Saturday in November
through the first Sunday
in January.

(ii) Bag limit:
three deer, no more than
one buck and no more than
two antlerless.

(iii) Special regulation.
In Grayson County:

(I) lawful means
are restricted to lawful
archery equipment and
crossbows only; and

(II) antlerless
deer shall be taken by
MLD permit only, except
on the Hagerman National
Wildlife Refuge.

(B) In Brazoria,
Fort Bend, Goliad (south
of U.S. Highway 59), Harris,
Jackson (south of U.S.
Highway 59), Matagorda,
Victoria (that portion
of the county that is
south of U.S. Highway
59, and Wharton (south
of U.S. Highway 59) counties,
there is a general open
season.

(i) Open season:
first Saturday in November
through the first Sunday
in January.

(ii) Bag limit:
three deer, no more than
one buck and no more than
two antlerless.

(iii) During the
first 23 days of the general
season, antlerless deer
may be taken without antlerless
deer permits unless MLD
permits have been issued
for the tract of land.
If MLD permits have been
issued, they must be attached
to all antlerless deer
harvested on the tract
of land. After the first
23 days, antlerless deer
may be taken only by MLD
antlerless permits.

(C) In Cooke, Denton,
Hill, Johnson, and Tarrant
counties, there is a general
open season.

(i) Open season:
first Saturday in November
through the first Sunday
in January.

(ii) Bag limit:
three deer, no more than
one buck and no more than
two antlerless.

(iii) During the
first nine days of the
general season, antlerless
deer may be taken without
antlerless deer permits
unless MLD permits have
been issued for the tract
of land. After the first
nine days, antlerless
deer may be taken only
by MLD antlerless permits.

(i) Open season:
first Saturday in November
through the first Sunday
in January.

(ii) Bag limit:
three deer, no more than
one buck and no more than
two antlerless.

(iii) Antlerless
deer may be taken only
by MLD antlerless permits
or LAMPS permits.

(E) In Cass, Harrison,
Marion, Nacogdoches, Panola,
Sabine, San Augustine
and Shelby Counties, there
is a general open season.

(i) Open season:
first Saturday in November
through the first Sunday
in January.

(ii) Bag limit:
three deer, no more than
one buck and no more than
two antlerless.

(iii) From Thanksgiving
Day through the Sunday
immediately following
Thanksgiving Day, antlerless
deer may be taken without
antlerless deer permits
unless MLD or LAMPS permits
have been issued for the
tract of land, except
on National Forest, Corps
of Engineers, Sabine River
Authority, and Trinity
River Authority lands.
If MLD or LAMPS permits
have been issued, they
must be attached to all
antlerless deer harvested
on the tract of land.
From the first Saturday
in November through the
day before Thanksgiving
Day, and from the Monday
immediately following
Thanksgiving Day through
the first Sunday in January,
antlerless deer may be
taken only by MLD antlerless
deer permits or LAMPS
permits.

(F) In Austin,
Bastrop, Bell (east of
Interstate 35), Caldwell,
Colorado, Comal (east
of Interstate 35), Crane,
DeWitt, Ector, Ellis,
Falls, Fayette, Goliad
(north of U.S. Highway
59), Gonzales, Guadalupe,
Hays (east of Interstate
35), Jackson (north of
U.S. Highway 59), Karnes,
Kaufman, Lavaca, Lee,
Loving, Midland, Milam,
Travis (east of Interstate
35), Upton (that portion
located north of U.S.
Highway 67; and that area
located both south of
U.S. Highway 67 and west
of state highway 349),
Victoria (that portion
of the county that is
north of U.S. Highway
59, Waller, Ward, Washington,
Wharton (north of U.S.
Highway 59), Williamson
(east of Interstate 35),
and Wilson counties, there
is a general open season.

(i) Open season:
first Saturday in November
through the first Sunday
in January.

(ii) Bag limit:
three deer, no more than
one buck and no more than
two antlerless.

(iii) Antlerless
deer may be taken only
by MLD antlerless permits.

(7)[(6)]
In Angelina, Chambers, Hardin,
Jasper, Jefferson, Liberty,
Montgomery, Newton, Orange,
Polk, San Jacinto, Trinity,
Tyler, and Walker counties,
there is a general open
season.

(A) Open season: first
Saturday in November through
the first Sunday in January.

(B) Bag limit: four deer,
no more than two bucks and
no more than two antlerless.

(C) From opening day through
the Sunday immediately following
Thanksgiving , antlerless
deer may be taken without
antlerless deer permits
unless MLD or LAMPS permits
have been issued for the
tract of land, except
on National Forest, Corps
of Engineers, Sabine River
Authority, and Trinity River
Authority lands .
If MLD or LAMPS permits
have been issued, they must
be attached to all antlerless
deer harvested on the tract
of land. From the Monday
following Thanksgiving,
antlerless deer may be taken
only by MLD antlerless permits
or LAMPS permits. On tracts
of land for which LAMPS
permits have been issued,
no LAMPS permit is required
for the harvest of antlerless
deer during the archery-only
or muzzleloader-only
open season. [On Corps
of Engineers, Sabine River
Authority and Trinity River
Authority lands, antlerless
deer may be taken only by
MLD antlerless permits.
On the Sam Houston, Alabama
Creek, and Moore Plantation
Wildlife Management Areas,
antlerless deer may only
be taken by Wildlife Management
Area antlerless permit only].

(9)[(8)]
Archery-only open seasons.
In all counties where there
is a general open season
for white-tailed deer, there
is an archery-only open
season during which either
sex of white-tailed deer
may be taken as provided
for in §65.11(2) and
(3) of this title (relating
to Means and Methods).

(A) Open season: the Saturday
closest to September 30
for 30 consecutive days.

(B) Bag limit: the bag
limit in any given county
is as provided for that
county during the general
open season.

(10) [(9)]
Muzzleloader-only open seasons,
and bag and possession limits
shall be as follows.

(A) In Brewster, [Brown,
Coke, Coleman, Concho,]
Culberson, [Glasscock,]
Howard, Irion, Jeff Davis,
[Mills, Mitchell, Nolan,]Pecos,
Presidio, [Reagan,]
Reeves, [Runnels, Sterling,]
Terrell, [Tom Green,]
and Upton (that portion
located both south of
U.S. Highway 67 and east
of state highway 349)
counties, there is an
open season during which
only antlerless and spike-buck
deer may be taken only
with a muzzleloader.

(i) Open Season: from the
first Saturday following
the closing of the general
open season for nine consecutive
days.

(ii) Bag limit: four antlerless
or spike-buck deer in the
aggregate, no more than
two spike bucks.

(B) In Angelina, Chambers,
Hardin, Jasper, Jefferson,
Liberty, Montgomery, Newton,
Orange, Polk, and Tyler
counties, there is an open
season during which only
antlerless and spike-buck
deer may be taken only with
a muzzleloader.

(i) Open Season: from the
first Saturday following
the closing of the general
open season for nine consecutive
days.

(ii) Bag limit: four antlerless
or spike-buck deer in the
aggregate, no more than
two spike bucks and no more
than two antlerless.

(11) [(10)]
Special Youth-Only Seasons. Except
on properties for which
Level II or Level III MLD
permits have been issued,
there shall be special youth-only
general hunting seasons
in all counties where there
is a general open season
for white-tailed deer only.

(A) early open
season: each Saturday
and Sunday between the
Saturday closest to September
30 and the first Saturday
in November.

(i) Bag limits,
provisions for the take
of antlerless deer, and
special requirements in
the individual counties
listed in paragraphs (1)-(7)
of this subsection shall
be as specified for the
first two days of the
general open season in
those counties, except
as provided in item (ii)
of this subparagraph.

(ii) Provisions
for the take of antlerless
deer in the individual
counties listed in paragraph
(6)(E) of this subsection
shall be as specified
in those counties for
the period of time from
Thanksgiving Day through
the Sunday immediately
following Thanksgiving
Day.

(B) late antlerless-only
open season: the first
three weekends (Saturday
and Sunday) following
the second Sunday in January,
during which only antlerless
deer may be taken. In
any given county, the
bag limit shall be as
specified for antlerless
deer in that county by
paragraphs (1)-(6) of
this subsection.

(C) Only licensed
hunters 16 years of age
or younger may hunt deer
by means of firearms during
the seasons established
by subparagraph (A) of
this paragraph; all other
deer hunting shall be
by means of lawful archery
equipment and crossbows
only.

(D) Licensed hunters
16 years of age or younger
may hunt deer by means
of firearms during the
seasons established by
subparagraph (B) of this
paragraph; all other deer
hunting shall be by means
of muzzleloader only.

(E) The stamp requirements
of Parks and Wildlife
Code, Chapter 43, Subchapters
I and Q, do not apply
during the seasons established
by this paragraph. [Special
Youth-Only Season. There
shall be a special youth-only
general hunting season
in all counties where
there is a general open
season.]

[(A) open season: the
Saturday and Sunday immediately
preceding the first Saturday
in November.]

[(B) bag limits, provisions
for the take of antlerless
deer, and special requirements:]

[(i) as specified for
the first two days of
the general season in
the individual counties
in paragraphs (1)-(6)
of this subsection, except
as provided in item (ii)
of this subparagraph;
and]

[(ii) in the counties
listed in paragraph (5)(G)
of this subsection, as
specified for the period
of time from Thanksgiving
Day through the Sunday
immediately following
Thanksgiving Day.]

[(C) Only licensed hunters
16 years of age or younger
may hunt during the season
established by this subsection.]

[(11) Bonus tag.]

[(A) A person in possession
of a valid bonus deer
tag may take one buck
or antlerless white-tailed
deer during an open white-tailed
deer season in any county,
irrespective of the county
bag limit, provided that
person also possesses
one of the following:]

[(i) an appropriate,
valid MLD permit (buck
or antlerless);]

[(ii) a valid LAMPS
permit (antlerless only);
or]

[(iii) an appropriate,
valid Special Permit (buck
or antlerless) issued
by the department for
a public hunt, in which
case the bonus tag is
valid only on the wildlife
management area or state
park specified by the
permit and only during
the date and time specified
on the permit.]

[(B) No person may:]

[(i) purchase more than
five bonus tags per license
year;]

[(ii) use a bonus tag
on more than one animal;
or]

[(iii) buy, sell, or
otherwise exchange a bonus
tag for remuneration or
considerations of any
kind; however, a bonus
tag may be given to another
person.]

[(C) A person who kills
a deer shall immediately
attach a properly executed
bonus tag to the deer.]

(c) Mule deer. The open
seasons and annual bag limits
for mule deer shall be as
follows.

(C) Antlerless deer may
be taken only by Antlerless
Mule Deer or MLD Permits.

(3) In Andrews (west of
U.S. Highway 385), Bailey,
Cochran, Hockley, Lamb,
Terry, and Yoakum counties,
there is a general open
season.

(A) Open season: Saturday
before Thanksgiving for
nine consecutive days.

(B) Bag limit: two deer,
no more than one buck.

(C) Antlerless deer may
be taken only by Antlerless
Mule Deer or MLD Permits.

(4) In all other counties,
there is no general open
season for mule deer.

(5) Archery-only open seasons
and bag and possession limits
shall be as follows. During
an archery-only open season,
deer may be taken only as
provided for in §65.11(2)
and (3) of this title (relating
to Means and Methods).

(a) In all counties there
is an open season for quail
beginning the Saturday immediately
prior to the first Saturday
in November [nearest
November 1] through
the last Sunday in February.

(b) Daily bag limit: 15
quail.

(c) Possession limit: 45
quail.

(d) There is no open season
on Mearns' quail (commonly
called fool's quail).

(e) In all counties where
there is a general open
season for quail, there
shall be a special youth-only
general hunting season the
Saturday and Sunday immediately
preceding the first Saturday
in November. During the
season established by this
subsection:

(1) only licensed hunters
16 years of age or younger
may hunt; and

(2) the daily bag limit
and possession limits shall
be as provided in subsections
(b) and (c) of this section.

§65.64. Turkey.

(a) The annual bag limit
for Rio Grande and Eastern
turkey, in the aggregate,
is four.

(b) Rio Grande Turkey.
The open seasons and bag
limits for Rio Grande turkey
shall be as follows.

(i) Open season: first [second]
Saturday in November through
the third Sunday in January.

(ii) Bag limit: four turkeys,
gobblers or bearded hens.

(C) In Kinney (south of
U.S. Highway 90) and Uvalde
(south of U.S. Highway 90),
and Val Verde (in that southeastern
portion located both south
of U.S. Highway 90 and east
of Spur 239) counties, there
is a fall general open season.

(i) Open season: first [second]
Saturday in November through
the third Sunday in January.

(ii) Bag limit: four turkeys,
either sex.

(D) In Brooks, Kenedy and
Kleberg counties, there
is a fall general open season.

(i) Open season: first [second]
Saturday in November through
the last Sunday in February.

(i) Open season: first
Saturday in November through
the first Sunday in January.

(ii) Bag limit: four turkeys,
either sex.

(F) In Willacy County,
there is a fall general
open season for turkeys.

(i) Open season: the
first [second]
Saturday in November through
the third Sunday in January.

(ii) Bag limit: four turkeys,
either sex.

(2) Archery-only season
and bag limits. In all counties
where there is a general
fall season for turkey there
is an open season during
which turkey may be taken
only as provided for in §65.11(2)
and (3) of this title (relating
to Means and Methods).

(A) Open season: from the
Saturday closest to September
30 for 30 consecutive days.

(B) Bag limit: in any given
county, the annual bag limit
is as provided by this section
for the fall general season
in that county.

(A) There shall be a special
youth-only general hunting
season in all counties where
there is a general open
season.

(i) open seasons [season]: each [the] Saturday
and Sunday in October,
and each weekend (Saturday
and Sunday) following the
second Sunday in January
for three weekends [immediately
preceding the first Saturday
in November].

(ii) bag limit: as specified
for individual counties
in paragraph (1) of this
subsection.

(B) Only licensed hunters
16 years of age or younger
may hunt during the season
established by this subsection.

(A) it is unlawful to hunt
turkey by any means other
than a shotgun, lawful archery
equipment, or crossbows;

(B) it is unlawful for
any person to take or attempt
to take turkeys by the aid
of baiting, or on or over
a baited area; and

(C) all turkeys harvested
during the open season must
be registered at designated
check stations within 24
hours of the time of kill.
Harvested turkeys may be
field dressed but must otherwise
remain intact.

(d) In all counties not
listed in subsections (b)
or (c) of this section,
the season is closed for
hunting turkey.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.

Issued in Austin, Texas
on
The amendment is proposed
under Parks and Wildlife
Code, Chapter 61, Uniform
Wildlife Regulatory Act
(Wildlife Conservation Act
of 1983), which provides
the Commission with authority
to establish wildlife resource
regulations for this state.

The proposed amendment
affects Parks and Wildlife
Code, Chapter 61.

Seasons and Bag Limits-Fishing
Provisions

§65.72. Fish.

(a) General rules.

(1) There are no public
waters closed to the taking
and retaining of fish, except
as provided in this subchapter.

(2) Game fish may be taken
only by pole and line, except
as provided in this subchapter.

(3) It is unlawful:

(A) to take or attempt
to take, or possess fish
within a protected length
limit, in greater numbers,
by other means, or at any
time or place, other than
as permitted under this
subchapter;

(B) while fishing on or
in public waters to have
in possession fish in excess
of the daily bag limit or
fish within a protected
length limit as established
for those waters;

(C) to use game fish or
any part thereof as bait;

(D) to possess a finfish
of any species, except broadbill
swordfish, shark or king
mackerel, taken from public
water that has the head
or tail removed until such
person finally lands the
catch on the mainland, a
peninsula, or barrier island
not including jetties or
piers and does not transport
the catch by boat;

(E) to use airboats or
jet-driven devices to pursue
and harass or harry fish;
or

(F) to release into the
public waters of this state
a fish with a device or
substance implanted or attached
that is designed, constructed
or adapted to produce an
audible, visual, or electronic
signal used to monitor,
track, follow, or in any
manner aid in the location
of the released fish.

(4) Finfish tags: Prohibited
Acts.

(A) No person may purchase
or use more finfish (red
drum or tarpon) tags during
a license year than the
number and type authorized
by the commission, excluding
duplicate tags issued under
Parks and Wildlife Code, §46.006.

(B) It is unlawful to:

(i) use the same finfish
tag for the purpose of tagging
more than one finfish;

(ii) use a finfish tag
in the name of another person;

(iii) use a tag on a finfish
for which another tag is
specifically required;

(iv) catch and retain a
finfish required to be tagged
and fail to immediately
attach and secure a tag,
with the day and month of
catch cut out, to the finfish
at the narrowest part of
the finfish tail, just ahead
of the tail fin;

(v) have in possession
both a Red Drum Tag and
a Duplicate Red Drum Tag
issued to the same license
or salt water stamp holder;

(vi) have in possession
both a Red Drum Tag or a
Duplicate Red Drum Tag and
a Bonus Red Drum Tag issued
to the same license or salt
water stamp holder;

(vii) have in possession
both an Exempt Red Drum
Tag and a Duplicate Exempt
Red Drum Tag issued to the
same license holder; or

(viii) have in possession
both an Exempt Red Drum
Tag or a Duplicate Exempt
Red Drum Tag and a Bonus
Red Drum Tag issued to the
same holder.

(5) Commercial fishing
seasons.

(A) The commercial seasons
for finfish species listed
in this paragraph and caught
in Texas waters shall run
concurrently with commercial
seasons established for
the same species caught
in federal waters of the
Exclusive Economic Zone
(EEZ).

(B) The commercial fishing
season in the EEZ will be
set by the National Marine
Fisheries Service for:

(i) red snapper under guidelines
established by the Fishery
Management Plan for Reef
Fish Resources for the Gulf
of Mexico;

(ii) king mackerel under
guidelines established by
the Fishery Management Plan
for Coastal Migratory Pelagic
Resources of the Gulf of
Mexico and South Atlantic;
and

(iii) sharks (all species,
their hybrids and subspecies)
under guidelines established
by the Fishery Management
Plan for Highly Migratory
Species).

(C) When federal and/or
state waters are closed,
it will be unlawful to:

(i) purchase, barter, trade
or sell finfish species
listed in this paragraph
landed in this state;

(ii) transfer at sea finfish
species listed in this paragraph
caught or possessed in the
waters of this state; and

(iii) possess finfish species
listed in this paragraph
in excess of the current
recreational bag or possession
limit in or on the waters
of this state.

(1) The possession limit
does not apply to fish in
the possession of or stored
by a person who has an invoice
or sales ticket showing
the name and address of
the seller, number of fish
by species, date of the
sale, and other information
required on a sales ticket
or invoice.

(2) There are no bag, possession,
or length limits on game
or non-game fish, except
as provided in these rules.

(A) Possession limits are
twice the daily bag limit
on game and non-game fish
except as provided in these
rules.

(B) Statewide daily bag
and length limits shall
be as follows:

Species

Daily Bag

Minimum Length (Inches)

Maximum Length (Inches)

Amberjack, greater.

1

32

No limit

Bass: Largemouth,
smallmouth, spotted
and Guadalupe bass.

5

(in any combination)

Largemouth and Smallmouth
bass.

14

No limit

Bass, striped, its
hybrids, and subspecies.

5

(in any combination)

18

No limit

Bass, white

25

10

No limit

Catfish: channel
and blue catfish,
their hybrids, and
subspecies.

25

(in any combination)

12

No limit

Catfish, flathead.

5

18

No limit

Catfish, gafftopsail.

No limit

14

No limit

Cobia.

2

37

No limit

Crappie: white and
black crappie, their
hybrids, and subspecies.

25

(in any combination)

10

No limit

Drum, black.

5

14

30

Drum, red.

3*

20

28*

*Special Regulation:
During a license year,
one red drum over
the stated maximum
length limit may be
retained when affixed
with a properly executed
Red Drum Tag, a properly
executed Exempt Red
Drum Tag or with a
properly executed
Duplicate Exempt Red
Drum Tag and one red
drum over the stated
maximum length limit
may be retained when
affixed with a properly
executed Bonus Red
Drum Tag. Any fish
retained under authority
of a Red Drum Tag,
an Exempt Red Drum
Tag, a Duplicate Exempt
Red Drum Tag, or a
Bonus Red Drum Tag
may be retained in
addition to the daily
bag and possession
limit as stated in
this section.

Flounder: all species,
their hybrids, and
subspecies.

10*

14

No limit

*Special Regulation:
The daily bag and
possession limit for
the holder of a valid
Commercial Finfish
Fisherman's license
is 60 flounder, except
on board a licensed
commercial shrimp
boat.

Jewfish.

0

Mackerel, king.

2

27

No limit

Mackerel, Spanish.

15 [7]

14

No limit

Marlin, blue.

No limit

131

No limit

Marlin, white.

No limit

86

No limit

Mullet: all species,
their hybrids, and
subspecies.

No limit

No limit

*

*Special regulation:
During the period
October through January,
no mullet more than
12 inches in length
may be taken from
public waters or possessed
on board a vessel.

Sailfish

No limit

84

No limit

Saugeye

3

18

No limit

Seatrout, spotted.

10

15

No limit

Shark: all species,
their hybrids, and
subspecies.

1

24

No limit

Sheepshead.

5

12

No limit

Snapper, lane.

No limit

8

No limit

Snapper, red.

4

15

No limit

Snapper, vermilion.

No limit

10

No limit

Snook.

1

24

28

Tarpon.

0

Catch and release
only*.

*Special Regulation:
One tarpon 80 inches
in length or larger
may be retained during
a license year when
affixed with a properly
executed Tarpon Tag.

Trout: rainbow and
brown trout, their
hybrids, and subspecies.

5

(in any combination)

No limit

No limit

Walleye.

5*

No limit

No limit

*Special regulation:
Two walleye of less
than 16 inches may
be retained per day.

Catch and release
only except that any
bass 21 inches or
greater in length
may be retained in
a live well or other
aerated holding device
and immediately transported
to the Purtis Creek
or Huntsville State
Park, or Gibbons Creek
weigh stations. After
weighing, the bass
must be released immediately
back into the lake
or donated to the
ShareLunker Program.

It is unlawful to
retain smallmouth
bass between 12 and
15 inches in length.

Bass: spotted

Lake Alan Henry
(Garza)

3

18

Lake Toledo Bend
(Newton, Sabine and
Shelby).

8

12

Possession Limit
is 10.

Bass: striped, its
hybrids, and subspecies.

Lake Toledo Bend
(Newton, Sabine and
Shelby).

5

No Limit

No more than 2 striped
bass 30 inches or
greater in length
may be retained each
day.

Lake Texoma (Cooke
and Grayson).

10

(in any combination)

No Limit

No more than 2 striped
or hybrid striped
bass 20 inches or
greater in length
may be retained each
day. Striped or hybrid
striped bass caught
and placed on a stringer,
in a live well or
any other holding
device become part
of the daily bag limit
and may not be released.
Possession limit is
10.

Red River (Grayson)
from Denison Dam downstream
to and including Shawnee
Creek (Grayson).

5

(in any combination)

No Limit

Striped bass caught
and placed on a stringer,
in a live well or
any other holding
device become part
of the daily bag limit
and may not be released.

Trinity River (Polk
and San Jacinto) from
the Lake Livingston
dam downstream to
the F.M. Road 3278
bridge.

Guadalupe River
(Comal) from the second
bridge crossing on
the River Road upstream
to the easternmost
bridge crossing on
F.M. Road 306.

1

18

Walleye.

Lake Texoma (Cooke
and Grayson).

5

18

(ii) Bag and possession
limits for black drum and
sheepshead do not apply
to the holder of a valid
Commercial Finfish Fisherman's
License.

(c) Devices, means and
methods.

(1) In fresh water only,
it is unlawful to fish with
more than 100 hooks on all
devices combined.

(2) In community fishing
lakes and in sections of
rivers lying totally within
the boundaries of state
parks, game and non-game
fish may be taken by pole
and line only.

(3) It is unlawful to take,
attempt to take, or possess
fish caught in public waters
of this state by any device,
means, or method other than
as authorized in this subsection.

(4) In salt water only,
it is unlawful to fish with
any device that is marked
with a buoy made of a plastic
bottle(s) of any color or
size.

(5) Device restrictions.

(A) Cast net. It is unlawful
to use a cast net exceeding
14 feet in diameter.

(i) Only non-game fish
may be taken with a cast
net.

(ii) In salt water, non-game
fish may be taken for bait
purposes only.

(B) Dip net.

(i) It is unlawful to use
a dip net except:

(I) to aid in the landing
of fish caught on other
legal devices; and

(II) to take non-game fish.

(ii) In salt water, non-game
fish may be taken for bait
purposes only.

(C) Gaff.

(i) It is unlawful to use
a gaff except to aid in
landing fish caught by other
legal devices, means or
methods.

(ii) Fish landed with a
gaff may not be below the
minimum, above the maximum,
or within a protected length
limit.

(D) Gig. Only non-game
fish may be taken with a
gig.

(E) Jugline. For use in
fresh water only. Non-game
fish, channel catfish, blue
catfish and flathead catfish
may be taken with a jugline.
It is unlawful to use a
jugline:

(i) with invalid gear tags.
Gear tags must be attached
within six inches of the
free-floating device, are
valid for 30 days after
the date set out, and must
include the number of the
permit to sell non-game
fish taken from freshwater,
if applicable;

(ii) for commercial purposes
that is not marked with
an orange free-floating
device;

(iii) for non-commercial
purposes that is not marked
with a white free-floating
device;

(iv) in Lake Bastrop in
Bastrop County, Bellwood
Lake in Smith County, Lake
Bryan in Brazos County,
Boerne City Park Lake in
Kendall County, Lakes
Coffee Mill and Davy Crockett
in Fannin County, Dixieland
Reservoir in Cameron County,
Gibbons Creek Reservoir
in Grimes County, and Tankersley
Reservoir in Titus County.

(F) Lawful archery equipment.
Only non-game fish may be
taken with lawful archery
equipment or crossbow.

(G) Minnow trap. For use
in fresh water only.

(i) Only non-game fish
may be taken with a minnow
trap.

(ii) It is unlawful to
use a minnow trap that exceeds
24 inches in length or with
a throat larger than one
by three inches.

(H) Perch traps. For use
in salt water only.

(i) Perch traps may be
used only for taking non-game
fish.

(ii) Perch traps may not
exceed 18 cubic feet.

(iii) Perch traps must
be marked with floating
visible orange buoy not
less than six inches in
height and six inches in
width. The buoy must have
a gear tag attached. Gear
tags are valid for 30 days
after date set out.

(I) Pole and line.

(i) Game and non-game fish
may be taken by pole and
line. It is unlawful to
take or attempt to take
fish with one or more hooks
attached to a line or artificial
lure used in a manner to
foul-hook a fish (snagging
or jerking). A fish is foul-hooked
when caught by a hook in
an area other than the fish's
mouth.

(ii) Game and nongame fish
may be taken by pole and
line. It is unlawful to
take fish with a hand-operated
device held underwater except
that a spear gun and spear
may be used to take nongame
fish.

(iii) Game and non-game
fish may be taken by pole
and line, except that in
the Guadalupe River in Comal
County from the second bridge
crossing on River Road upstream
to the easternmost bridge
crossing on F.M. Road 306,
rainbow and brown trout
may not be retained when
taken by any method except
artificial lures. Artificial
lures cannot contain or
have attached either whole
or portions, living or dead,
of organisms such as fish,
crayfish, insects (grubs,
larvae, or adults), or worms,
or any other animal or vegetable
material, or synthetic scented
materials. This does not
prohibit the use of artificial
lures that contain components
of hair or feathers. It
is an offense to possess
rainbow and brown trout
while fishing with any other
device in that part of the
Guadalupe River defined
in this paragraph.

(J) Purse seine (net).

(i) Purse seines may be
used only for taking menhaden,
only from that portion of
the Gulf of Mexico within
the jurisdiction of this
state extending from one-half
mile offshore to nine nautical
miles offshore, and only
during the period of time
beginning the third Monday
in April through the first
day in November each year.

(ii) Purse seines used
for taking menhaden may
not be used within one mile
of any jetty or pass.

(iii) The purse seine,
not including the bag, shall
not be less than three-fourths
inch square mesh.

(K) Sail line. For use
in salt water only.

(i) Non-game fish, red
drum, spotted seatrout,
and sharks may be taken
with a sail line.

(ii) Line length shall
not exceed 1,800 feet from
the reel to the sail.

(iii) The sail and most
shoreward float must be
a highly visible orange
or red color. All other
floats must be yellow.

(iv) No float on the line
may be more than 200 feet
from the sail.

(v) A weight of not less
than one ounce shall be
attached to the line not
less than four feet or more
than six feet shoreward
of the last shoreward float.

(vi) Reflectors of not
less than two square inches
shall be affixed to the
sail and floats and shall
be visible from all directions
for sail lines operated
from 30 minutes after sunset
to 30 minutes before sunrise.

(vii) There is no hook
spacing requirement for
sail lines.

(viii) No more than one
sail line may be used per
fisherman.

(ix) Sail lines may not
be used by the holder of
a commercial fishing license.

(x) Sail lines must be
attended at all times the
line is fishing.

(xi) Sail lines may not
have more than 30 hooks
and no hook may be placed
more than 200 feet from
the sail.

(L) Seine.

(i) Only non-game fish
may be taken with a seine.

(ii) It is unlawful to
use a seine:

(I) which is not manually
operated.

(II) with mesh exceeding
1/2-inch square.

(III) that exceeds 20 feet
in length.

(iii) In salt water, non-game
fish may be taken by seine
for bait purposes only.

(M) Shad trawl. For use
in fresh water only.

(i) Only non-game fish
may be taken with a shad
trawl.

(ii) It is unlawful to
use a shad trawl longer
than six feet or with a
mouth larger than 36 inches
in diameter.

(iii) A shad trawl may
be equipped with a funnel
or throat and must be towed
by boat or by hand.

(N) Spear. Only non-game
fish may be taken with a
spear.

(O) Spear gun. Only non-game
fish may be taken with spear
gun.

(P) Throwline. For use
in fresh water only.

(i) Non-game fish, channel
catfish, blue catfish and
flathead catfish may be
taken with a throwline.

(ii) It is unlawful to
use a throwline in Lake
Bastrop in Bastrop County,
Bellwood Lake in Smith County,
Lake Bryan in Brazos County,
Boerne City Park Lake in
Kendall County, Lakes
Coffee Mill and Davy Crockett
in Fannin County, Dixieland
Reservoir in Cameron County,
Gibbons Creek Reservoir
in Grimes County, and Tankersley
Reservoir in Titus County.

(Q) Trotline.

(i) Non-game fish, channel
catfish, blue catfish, and
flathead catfish may be
taken by trotline.

(ii) It is unlawful to
use a trotline:

(I) with a mainline length
exceeding 600 feet;

(II) with invalid gear
tags. Gear tags must be
attached within three feet
of the first hook at each
end of the trotline and
are valid for 30 days after
date set out, except on
saltwater trotlines, a gear
tag is not required to be
dated;

(III) with hook interval
less than three horizontal
feet;

(IV) with metallic stakes;
or

(V) with the main fishing
line and attached hooks
and stagings above the water's
surface.

(iii) In fresh water, it
is unlawful to use a trotline:

(I) with more than 50 hooks;

(II) in Gibbons Creek Reservoir
in Grimes County, Lake Bastrop
in Bastrop County, Lakes
Coffee Mill and Davy Crockett
in Fannin County, Fayette
County Reservoir in Fayette
County, Pinkston Reservoir
in Shelby County, Lake Bryan
in Brazos County, Bellwood
Lake in Smith County, Dixieland
Reservoir in Cameron County,
Boerne City Park Lake in
Kendall County, and Tankersley
Reservoir in Titus County.

(iv) In salt water:

(I) it is unlawful to use
a trotline:

(-a-) in or on the waters
of the Gulf of Mexico within
the jurisdiction of this
state;

(-b-) from which red drum,
sharks or spotted seatrout
caught on the trotline are
retained or possessed;

(-c-) placed closer than
50 feet from any other trotline,
or set within 200 feet of
the edge of the Intracoastal
Waterway or its tributary
channels. No trotline may
be fished with the main
fishing line and attached
hooks and stagings above
the water's surface;

(-d-) baited with other
than natural bait, except
sail lines;

(-e-) with hooks other
than circle-type hook with
point curved in and having
a gap (distance from point
to shank) of no more than
one-half inch, and with
the diameter of the circle
not less than five-eighths
inch. Sail lines are excluded
from the restrictions imposed
by this clause; or

(-f-) in Aransas County
in Little Bay and the water
area of Aransas Bay within
one-half mile of a line
from Hail Point on the Lamar
Peninsula, then direct to
the eastern end of Goose
Island, then along the southern
shore of Goose Island, then
along the causeway between
Lamar Peninsula and Live
Oak Peninsula, then along
the eastern shoreline of
the Live Oak Peninsula past
the town of Fulton, past
Nine-Mile Point, past the
town of Rockport to a point
at the east end of Talley
Island, including that part
of Copano Bay within 1,000
feet of the causeway between
Lamar Peninsula and Live
Oak Peninsula.

(II) No trotline or trotline
components, including lines
and hooks, but excluding
poles, may be left in or
on coastal waters between
the hours of 1 p.m. on Friday
through 1:00 p.m. on Sunday
of each week, except that
attended sail lines are
excluded from the restrictions
imposed by this clause.
Under the authority of the
Texas Parks and Wildlife
Code, §66.206(b), in
the event small craft advisories
or higher marine weather
advisories issued by the
National Weather Service
are in place at 8:00 a.m.
on Friday, trotlines may
remain in the water until
6:00 p.m. on Friday. If
small craft advisories are
in place at 1:00 p.m. on
Friday, trotlines may remain
in the water until Saturday.
When small craft advisories
are lifted by 8:00 a.m.
on Saturday, trotlines must
be removed by 1:00 p.m.
on Saturday. When small
craft advisories are lifted
by 1:00 p.m. on Saturday,
trotlines must be removed
by 6:00 p.m. on Saturday.
When small craft advisories
or higher marine weather
advisories are still in
place at 1:00 p.m. on Saturday,
trotlines may remain in
the water through 1:00 p.m.
on Sunday. It is a violation
to tend, bait, or harvest
fish or any other aquatic
life from trotlines during
the period that trotline
removal requirements are
suspended under this provision
for adverse weather conditions.
For purposes of enforcement,
the geographic area customarily
covered by marine weather
advisories will be delineated
by department policy.

(III) It is unlawful to
fish for commercial purposes
with:

(-a-) more than 20 trotlines
at one time;

(-b-) any trotline that
is not marked with yellow
flagging attached to stakes
or with a floating yellow
buoy not less than six inches
in height, six inches in
length, and six inches in
width attached to end fixtures;

(-c-) any trotline that
is not marked with yellow
flagging attached to stakes
or with a yellow buoy bearing
the commercial finfish fisherman's
license plate number in
letters of a contrasting
color at least two inches
high attached to end fixtures;

(-d-) any trotline that
is marked with yellow flagging
or with a buoy bearing a
commercial finfish fisherman's
license plate number other
than the commercial finfish
fisherman's license plate
number displayed on the
finfish fishing boat;

(IV) It is unlawful to
fish for non-commercial
purposes with:

(-a-) more than 1 trotline
at any time; or

(-b-) any trotline that
is not marked with a floating
yellow buoy not less than
six inches in height, six
inches in length, and six
inches in width, bearing
a two-inch wide stripe of
contrasting color, attached
to end fixtures.

(R) Umbrella net.

(i) Only non-game fish
may be taken with an umbrella
net.

(ii) It is unlawful to
use an umbrella net with
the area within the frame
exceeding 16 square feet.

§65.78. Crabs and
Ghost Shrimp.

(a) Bag, possession and
size limits.

(1) It is unlawful while
fishing on public waters
to have in possession crabs
or ghost shrimp in excess
of the daily bag limit as
established for those waters.

(2) There are no bag, possession,
or size limits on crabs
or ghost shrimp except as
provided in these rules.

(3) It is unlawful to:

(A) possess egg-bearing
(sponge) crabs or stone
crabs;

(B) possess blue crabs
less than five inches in
width (measured across the
widest point of the body
from tip of spine to tip
of spine) except that not
more than 5.0%, by number,
of undersized crabs may
be possessed for bait purposes
only, if placed in a separate
container at the time of
taking;

(C) remove or possess the
left claw from a stone crab
(each retained claw must
be at least 2-1/2 inches
long as measured from the
tip of the immovable claw
to the first joint behind
the claw);

(D) fail to return immediately
a stone crab to the waters
where caught;

(E) buy or sell a female
crab that has its abdominal
apron detached; or

(b) Seasons. There are
no closed seasons for the
taking of crabs, except
as listed within this section.

(c) Places. There are no
places closed for the taking
of crabs, except as listed
within this section.

(d) Devices, means and
methods.

(1) It is unlawful to take,
attempt to take, or possess
crabs caught by devices,
means, or methods other
than as authorized in this
subchapter.

(2) Only the following
means and methods may be
used for taking crabs:

(A) Crab line. It is unlawful
to fish a crab line for
commercial purposes that
is not marked with a floating
white buoy not less than
six inches in height, six
inches in length and six
inches in width bearing
the commercial crab fisherman's
license plate number in
letters of a contrasting
color at least two inches
high attached to the end
fixtures.

(B) Crab trap. It is unlawful
to:

(i) fish for commercial
purposes under authority
of a commercial crab fisherman's
license with more than 200
crab traps at one time;

(ii) fish for commercial
purposes under authority
of a commercial finfish
fisherman's license with
more than 20 crab traps
at one time;

(iii) fish for non-commercial
purposes with more than
six crab traps at one time;

(iv) fish a crab trap in
the fresh waters of this
state;

(v) fish a crab trap that:

(I) exceeds 18 cubic feet
in volume;

(II) is not equipped with
at least two escape vents
(minimum 2-3/8 inches inside
diameter) in each crab-retaining
chamber, and located on
the outside trap walls of
each chamber; and

(III) is not equipped with
a degradable panel. A trap
shall be considered to have
a degradable panel if one
of the following methods
is used in construction
of the trap:

(-a-) the trap lid tie-down
strap is secured to the
trap by a loop of untreated
jute twine (comparable to
Lehigh brand # 530) or sisal
twine (comparable to Lehigh
brand # 390). The trap lid
must be secured so that
when the twine degrades,
the lid will no longer be
securely closed; or

(-b-) the trap lid tie-down
strap is secured to the
trap by a loop of untreated
steel wire with a diameter
of no larger than 20 gauge.
The trap lid must be secured
so that when the wire degrades,
the lid will no longer be
securely closed; or

(-c-) the trap contains
at least one sidewall, not
including the bottom panel,
with a rectangular opening
no smaller than 3 inches
by 6 inches. Any obstruction
placed in this opening may
not be secured in any manner
except:

(-1-) it may be laced,
sewn, or otherwise obstructed
by a single length of untreated
jute twine (comparable to
Lehigh brand # 530) or sisal
twine (comparable to Lehigh
brand # 390) knotted only
at each end and not tied
or looped more than once
around a single mesh bar.
When the twine degrades,
the opening in the sidewall
of the trap will no longer
be obstructed; or

(-2-) it may be laced,
sewn, or otherwise obstructed
by a single length of untreated
steel wire with a diameter
of no larger than 20 gauge.
When the wire degrades,
the opening in the sidewall
of the trap will no longer
be obstructed; or

(-3-) the obstruction may
be loosely hinged at the
bottom of the opening by
no more than two untreated
steel hog rings and secured
at the top of the obstruction
in no more than one place
by a single length of untreated
jute twine (comparable to
Lehigh brand # 530), sisal
twine (comparable to Lehigh
brand # 390), or by a single
length of untreated steel
wire with a diameter of
no larger than 20 gauge.
When the twine or wire degrades,
the obstruction will hinge
downward and the opening
in the sidewall of the trap
will no longer be obstructed.

(vi) fish a crab trap for
commercial purposes under
authority of a commercial
crab fisherman's license:

(I) that is not marked
with a floating white buoy
not less than six inches
in height, six inches in
length, and six inches in
width attached to the crab
trap;

(II) that is not marked
with a white buoy bearing
the commercial crab fisherman's
license plate number in
letters of a contrasting
color at least two inches
high attached to the crab
trap;

(III) that is marked with
a buoy bearing a commercial
crab fisherman's license
plate number other than
the commercial crab fisherman's
license plate number displayed
on the crab fishing boat;

(vii) fish a crab trap
for commercial purposes
under authority of a commercial
finfish fisherman's license:

(I) that is not marked
with a floating white [yellow]
buoy not less than six inches
in height, six inches in
length, and six inches in
width attached to the crab
trap;

(II) that is not marked
with a white [yellow]
buoy bearing the letter
'F' and the commercial finfish
fisherman's license plate
number in letters of a contrasting
color at least two inches
high attached to the crab
trap;

(III) that is marked with
a buoy bearing a commercial
finfish fisherman's license
plate number other than
the commercial finfish fisherman's
license plate number displayed
on the finfish fishing boat;

(viii) fish a crab trap
for non-commercial purposes
without a floating white
buoy not less than six inches
in height, six inches in
length, and six inches in
width, bearing a two-inch
wide center stripe of contrasting
color, attached to the crab
trap;

(ix) fish a crab trap in
public salt waters without
a valid gear tag. Gear tags
must be attached within
6 inches of the buoy and
are valid for 30 days after
date set out.

(x) fish a crab trap within
200 feet of a marked navigable
channel in Aransas County;
and in the water area of
Aransas Bay within one-half
mile of a line from Hail
Point on the Lamar Peninsula,
then direct to the eastern
end of Goose Island, then
along the southern shore
of Goose Island, then along
the eastern shoreline of
the Live Oak Peninsula past
the town of Fulton, past
Nine Mile Point, past the
town of Rockport to a point
at the east end of Talley
Island including that part
of Copano Bay within 1,000
feet of the causeway between
Lamar Peninsula and Live
Oak Peninsula or possess,
use or place more than three
crab traps in waters north
and west of Highway 146
where it crosses the Houston
Ship Channel in Harris County;

(xi) remove crab traps
from the water or remove
crabs from crab traps during
the period from 30 minutes
after sunset to 30 minutes
before sunrise;

(xii) place a crab trap
or portion thereof closer
than 100 feet from any other
crab trap, except when traps
are secured to a pier or
dock;

(xiii) fish a crab trap
in public waters that is
marked with a buoy made
of a plastic bottle(s) of
any color or size; or

(xiv) use or place more
than three crab traps in
public waters of the San
Bernard River north of a
line marked by the boat
access channel at Bernard
Acres.

(C) Sand pump. It is unlawful
for any person to use a
sand pump:

(i) that is not manually
operated; or

(ii) for commercial purposes.

(D) Other devices. Devices
legally used for taking
fresh or salt water fish
or shrimp may be used to
take crab if operated in
places and at times authorized
by a proclamation of the
Parks and Wildlife Commission
or the Parks and Wildlife
Code.

This agency hereby certifies
that the proposal has been
reviewed by legal counsel
and found to be within the
agency’s authority
to adopt.